N.H. Code Admin. R. Env-Wq 403.16

Current through Register No. 25, June 20, 2024

Section Env-Wq 403.16 - Withdrawal Testing

(a) Withdrawal testing performed to meet the requirements of this part shall not be undertaken unless and until the department approves the preliminary application in accordance with Env-Wq 403.14.

(b) Withdrawal testing shall be completed as specified in the plan prepared in accordance with Env-Wq 403.13.

(c) Withdrawal testing observations, results, and interpretations shall be presented in the report completed in accordance with Env-Wq 403.20.

(d) When the withdrawal testing program developed in accordance with Env-Wq 403.13 includes the monitoring of water levels of any existing sources identified in the inventory of water users and resources, permission to access these locations shall be obtained by the applicant by sending a written notice of the forthcoming test to each owner and each user of such sources as specified in (e), below.

(e) The notice sent pursuant to (d), above, shall:

(1) Explain the reason for requesting information about and access to the source, including that state law requires the applicant to assess whether the proposed withdrawal could adversely impact existing water users and that the source's owner is not requried to provide the requested information or access;

(2) Request monitoring permission and a written response;

(3) Define responsibility to prepare the source for monitoring;

(4) State the monitoring requirements;

(5) Inform the source user and owner that the applicant will collect a water sample for bacteria from the source both prior to and following the installation or use of monitoring equipment in the source;

(6) If the source is a well, include an offer for the applicant to disinfect and reseal the well when the monitoring ends;

(7) Inform the source user and owner that the applicant will supply potable water or cease the withdrawal test should their water supply needs not be met during the monitoring test;

(8) Identify the name and telephone number of:

a. The individual point of contact for the applicant who should be contacted in the event of a water outage during testing; and

b. The department staff member who can be contacted for more general information about the state's large groundwater withdrawal requirements, as identified by the department upon request of the applicant; and

(9) Be sent via certified mail with return receipt requested, or by another method that demonstrates receipt of the notice, at least 14 days prior to commencing the withdrawal testing program.

(f) If the applicant is unable to monitor a source of water of a potentially impacted user, the estimate of the effect of the withdrawal on the source shall:

(1) Be based upon data collected from other nearby wells that represent the sources that could not be monitored; or

(2) Be based on an estimate using data collected during the withdrawal testing and analytical techniques.

(g) Bacteria samples taken pursuant to (e)(5), above, shall be submitted for analyses for coliform bacteria and analyzed at a laboratory accredited pursuant to Env-C 300 using a method that enumerates the number of bacteria colonies present in the samples collected.

N.H. Code Admin. R. Env-Wq 403.16

(See Revision Note at part heading for Env-Wq 403) #9569, eff 10-17-09

Amended by Volume XXXVIII Number 15, Filed April 12, 2018, Proposed by #12493, Effective 3/21/2018, Expires 3/21/2028.